OPINION OF THE COURT

On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 NYCRR 500.2 [g]), order reversed, with costs, defendant’s motion to vacate its *817default denied and question certified answered in the negative for reasons stated in the dissenting memorandum of Justice Arthur Markewich at the Appellate Division (90 AD2d 741).

Concur: Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Meyer, and Simons.